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Tuesday, September 27, 2016

In late July,
Governor Rauner signed into law Public Act 99-697, amending the Cannabis
Control Act, 720 ILCS 550/1, et seq, the Drug Paraphernalia Control Act, 720
ILCS 600/1, et seq. and a variety of other laws to relax some of the penalties
surrounding cannabis possession. This law specifically modifies how low-level state
possession offenses are treated but also may affect municipal ordinance
violations for similar offenses.

The law has not
changed the fact that possession of cannabis, even in small quantities, remains
illegal. Under the amended law, however,
possession of less than ten (10) grams of cannabis is no longer treated as a
criminal offense. Instead, it is a civil violation that carries with it
a fine of $100 to $200, similar to a traffic citation. Likewise, possessing drug paraphernalia only
in connection with having up to 10 grams of cannabis is now downgraded from a
misdemeanor to a non-criminal fine-based penalty.

Another
important piece of this new law is that any local police records related to
tickets issued for cannabis possession at this lowest level of up to 10 grams, as
well as any tickets issued for drug paraphernalia seized along with the
less-than-10-grams pot threshold, must be expunged (destroyed) twice each year
(January 1 and July 1). This requirement becomes effective 6 months after the effective date of the law, so municipalities have time to put together policies for compliance with this new expungement obligation.

In addition, the
misdemeanor and penalty schedules for greater amounts of cannabis possession
were also relaxed. Under the new law, possession of 10 to 30 grams of cannabis
(previously qualifying as a Class A misdemeanor with up to one year in jail and
fines ranging from $750 to $3,250) now qualifies as a lesser Class B
misdemeanor, punishable by up to six (6) months in jail and a fine of up to
$1,500. Possession of greater amounts of
cannabis has also been ratcheted downward, with someone now having to possess
100 grams of cannabis to qualify for a first-offense felony.

Finally, the law
allows local governments to establish its own fine schedule for low level offenses relating
to possession of cannabis when tickets are written under its own
ordinances that can vary from the state established fines. However, non-home
rule governments are more restricted in how they treat drug paraphernalia offenses,
even under local ordinances.

Many municipalities
will have to review their current ordinances to determine whether they are
consistent with the new state law, and decide whether they will process
low-level cannabis offenses on a local level (i.e., through municipal court or
administrative adjudication) or through the state court system. The latter
approach may be less desirable for many municipalities because of the required distribution
of fine proceeds set out in the new law.